A/HRC/25/60/Add.2
detallada acerca de las medidas que hayan sido tomadas para proteger los derechos y
libertades de los mencionados.
Fiji
(a)
AL 15/03/2013 Case No. FJI 1/2013 State Reply: None to date Alleged torture of
escapees from the Naboro Corrections Facility, including a possible related video recording
of torture of prisoners in a separate prison.
54.
The Special Rapporteur regrets that the government of Fiji has not responded to this
communication, thereby failing to cooperate with the mandate issued by the Human Rights
Council. The communication referred to the alleged torture of escapees of the Naboro
Corrections Facility outside Suva, Fiji. According to the information received, the men
complied with the directions of armed military officers and did not resist arrest when they
were recaptured. It is alleged that armed military officers tortured the men following arrest.
The men were handcuffed and severely beaten. On the way back to the mainland by boat,
security officers threw a handcuffed and injured escapee into the sea several times, each
time hauling him back into the boat. In the Babua military barracks the men were forced to
take off all their clothes and were left naked in dark cells, kicked, hit with the butt of guns,
sworn at, spat on and had hot water poured on them. Another suffered rectal injuries after
military officers pushed the barrel of a gun into his anus. It is further reported that one of
the prisoner’s legs was amputated shortly after the recapture. It is alleged that soon
thereafter, it was announced that the police would not open an investigation into the
allegations. It is further reported that it remains unclear whether the prisoners have been
granted access to legal representation. Reportedly there was also a leaked nine-minute
video that shows a handcuffed man being physically and sexually assaulted, beaten and
humiliated by a group of men while lying helpless in the back of a pick-up truck. The man
is repeatedly struck on his feet, legs, body and head with a number of different implements
including a length of rubber pipe, a metal rod, a stick and a hammer. Subsequently some of
his abusers force him to expose his genitals, while others film and photograph him. A
second handcuffed man is shown sitting on the ground nearby and is also struck on his
body including legs and head with a stick and a rod. A dog is encouraged by its handler to
seize him by the shirt and drag him several meters across the ground. The police statement
also alleges that neither of the men in the video is thought to be any of the five prisoners
who had escaped on 17 September 2012. It is still unclear whether the videotape shows the
torture of two of the five prisoners or a separate case of police violence and torture where
the victims remain unknown. The Special Rapporteur would like to emphasize that torture
and other cruel, inhuman or degrading treatment or punishment is prohibited in all
circumstances without exception. This absolute prohibition is a rule of customary
international law, which binds all nations, irrespective of whether or not they are party to
relevant treaties. Furthermore, the Special Rapporteur would like to remind the government
of paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of
torture and other cruel, inhuman or degrading treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” Under international law and standards, and paragraph 7b of Human Rights
Council Resolution 16/23, states must also ensure that all reasonable allegations of torture
are properly investigated, including through medical documentation as elaborated in the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol, 1999). This obligation
reflects both the duty of states to ensure reparations to victims of this serious human rights
violation, including the disclosure of the truth. In this context, paragraph 7e of Human
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